ESA tribunal

eeyore2ok

NASA wrote: »

In my opinion it is probably still a waste of time but there is the possibility of arrears in this situation rather than the hypothetical one I was summing up.

My apologies.

No probs, in my own head I think it's a waste of time totally, as I don't think I'll get anywhere, but I kind of feel like at least I'll get the chance to tell them how bad things have been for me, I might just see closer the time. Does anyone know what happens at these things and how long they tend to take?

Leferat

After 48 years of work, I am now on ESA (after a successful appeals tribunal) and I want to know what I am eligible to claim for. I got a free pair of specs last month and saved a fortune. What else am I entitled to?
I wanted to start a new thread for this but I have no idea how to do it.
All help would be gratefully appreciated.

Robbie64

eeyore2ok wrote: »

No probs, in my own head I think it's a waste of time totally, as I don't think I'll get anywhere, but I kind of feel like at least I'll get the chance to tell them how bad things have been for me, I might just see closer the time. Does anyone know what happens at these things and how long they tend to take?

Personally, I would go. Explain that you are now on the mend and are back at work but at the time of your medical explain how you were feeling back then. Speak to your Welfare Rights worker and explain your concerns. They are experienced at dealing with tribunals and will know that people are usually nervous given that it's something that most people have never done before.

A tribunal may seem a bit daunting and the person who chairs the tribunal is now called a Judge under reforms that happened a few years back but prior to that they were just called a chairperson. There will be you and your representative, often a Presenting Officer from the DWP (although they don't always turn up) and then the panel that make up the tribunal itself. It used to consist of three to four people, I can't imagine that has changed. The Judge will normally ask you a series of questions and give you the chance to explain how your health problems have affected you, the others on the tribunal may also have one or two questions. It sounds more daunting than it is, but it isn't too bad especially if you have a representative with you. It can last up to an hour but there is no actual fixed time. Straightforward appeals (as yours should be) are the quickest to be heard. At the end of the tribunal you and your rep will be asked to sit outside while the Tribunal discuss your case and you will then be called back into the room and given the decision there and then.

Prepare yourself before you go, make notes to take with you and write - in detail if possible - how your health was affected. You could even take a photocopy of the notes if the tribunal wanted a copy, though it is unlikely they would.

Look at the descriptors that make up the points awarding system for the WCA, they are divided into physical and mental health descriptors. Stress and depression falls into the latter category and try to link your health problems back then to the mental health descriptors as this is how the points are awarded - you need to get 15 to "pass" the WCA.

The descriptors can be found by googling but an overview of them are at many council websites, such as:

http://www.newcastle.gov.uk/core.nsf/a/wr_esadescriptorslcwmental

Try not to worry about going to the Tribunal, it really isn't as daunting as it may sound. The worst outcome is you lose the appeal, the best is you get arrears of benefit.

eeyore2ok

Thanks ever so much Robbie, that's very helpful

healy

Robbie64 wrote: »

Personally, I would go. Explain that you are now on the mend and are back at work but at the time of your medical explain how you were feeling back then. Speak to your Welfare Rights worker and explain your concerns. They are experienced at dealing with tribunals and will know that people are usually nervous given that it's something that most people have never done before.

A tribunal may seem a bit daunting and the person who chairs the tribunal is now called a Judge under reforms that happened a few years back but prior to that they were just called a chairperson. There will be you and your representative, often a Presenting Officer from the DWP (although they don't always turn up) and then the panel that make up the tribunal itself. It used to consist of three to four people, I can't imagine that has changed. The Judge will normally ask you a series of questions and give you the chance to explain how your health problems have affected you, the others on the tribunal may also have one or two questions. It sounds more daunting than it is, but it isn't too bad especially if you have a representative with you. It can last up to an hour but there is no actual fixed time. Straightforward appeals (as yours should be) are the quickest to be heard. At the end of the tribunal you and your rep will be asked to sit outside while the Tribunal discuss your case and you will then be called back into the room and given the decision there and then.

Prepare yourself before you go, make notes to take with you and write - in detail if possible - how your health was affected. You could even take a photocopy of the notes if the tribunal wanted a copy, though it is unlikely they would.

Look at the descriptors that make up the points awarding system for the WCA, they are divided into physical and mental health descriptors. Stress and depression falls into the latter category and try to link your health problems back then to the mental health descriptors as this is how the points are awarded - you need to get 15 to "pass" the WCA.

The descriptors can be found by googling but an overview of them are at many council websites, such as:

http://www.newcastle.gov.uk/core.nsf/a/wr_esadescriptorslcwmental

Try not to worry about going to the Tribunal, it really isn't as daunting as it may sound. The worst outcome is you lose the appeal, the best is you get arrears of benefit.

I agree it would be best to see the tribunal through because it is judged on how you were at the time of the medical and not how you are now.

There are just two people on ESA tribunals; a Judge (Chairman) and a Doctor. If they do not agree the Judge has the casting vote.

eeyore2ok

Just to update you, last week i got a letter saying the tribunal has been changed to 14th April, as on the date they originally gave, there is now no judge available.

Problem is I have holidays to take in March but can't take any in April, the tribunal time is 12pm so I couldn't even leave work early and they won't allow me unpaid leave. I still want to attend, so I've written to the tribunals service asking if I can have any date in March, even a cancellation, and explained why

Anyone got any idea what my chances are of changing the date or is it unlikely - if so I just cannot attend which is a pain as I think if I don't go my likelihood of winning goes right down to 0 - even with my doctors statement and welfare rights attending

healy

eeyore2ok wrote: »

Just to update you, last week i got a letter saying the tribunal has been changed to 14th April, as on the date they originally gave, there is now no judge available.

Problem is I have holidays to take in March but can't take any in April, the tribunal time is 12pm so I couldn't even leave work early and they won't allow me unpaid leave. I still want to attend, so I've written to the tribunals service asking if I can have any date in March, even a cancellation, and explained why

Anyone got any idea what my chances are of changing the date or is it unlikely - if so I just cannot attend which is a pain as I think if I don't go my likelihood of winning goes right down to 0 - even with my doctors statement and welfare rights attending

If you have medical evidence and welfare rights attending you still have a good chance of success. The fact that someone is attending on your behalf is almost as good as if you attended yourself. It is difficult to say what the chances of a cancellation are but they do sometimes happen.

Owain_Moneysaver

If you were not getting any ESA before starting work it would be well worth while going through with the appeal, as if you get backdated ESA as a result you should also be eligible for the Disability element of tax credits now you are working, and this can be quite substantial (eg double your tax credits overall)

Also there should be a linking arrangement where if you have to come off work because of illness you can go back on ESA more easily.

eeyore2ok

I got basic rate ESA before I came back to work, and also half pay, which just finished a few days before I returned, I returned to the same employer but a different job, as the old job had caused the majority of the stress. Sorry I don't know anything about tax credits, all the way through all I got - and was eligible for - was basic ESA, nothing else as hubby works.

eeyore2ok

Just an update, after cancelling my tribunal date in March and changing to April, I appealed for the date to be changed as I want to attend but at 12.00 I am at work and can't get time off. They refused to change it
Yesterday I got a letter saying that date has now been postponed so I am awaiting a 3rd date for tribunal.
I am still at work and everything is going fine - but I can't believe the messing around over getting a date for tribunal. I first claimed way back in July and had my medical 1st September last year